May 20, 2024

SC stays Calcutta HC proceedings

In a particular Saturday sitting on January 27, the Supreme Courtroom stayed proceedings on the Calcutta Excessive Courtroom regarding the alleged medical faculty admission rip-off.

The five-judge bench of the apex court docket led by Chief Justice of India (CJI) DY Chandrachud additional stayed the order of the one decide of Calcutta Excessive Courtroom ordering a CBI probe into the alleged rip-off. The bench has issued discover to the State of West Bengal and the unique petitioner within the case.

Story continues beneath Commercial

The proceedings regarding this case created fairly a stir within the Calcutta Excessive Courtroom after two judges warred over orders handed by one another.

In the course of the course of the listening to, Solicitor Basic Tushar Mehta instructed the court docket that the two-judge bench of the Excessive Courtroom proceeded to listen to an enchantment with out satisfactory pleadings filed, in direct violation of a Supreme Courtroom judgment. The court docket nonetheless didn’t touch upon the deserves of the case and knowledgeable the attorneys that it could come up for listening to once more on January 29.

Background to the dispute:

A single bench of the Calcutta HC had on Januar 24 directed a CBI investigation into the alleged rip-off saying it had no religion within the state police on a plea filed by MBBS candidate Itisha Soren alleging irregularities within the admissions of candidates in medical faculties and hospitals underneath the reservation class. Later, the West Bengal authorities moved the division bench of the excessive court docket, which then ordered an interim keep on the single-bench order.

Subsequently, Justice Gangopadhyay took the matter and requested the Advocate Basic how with out the impugned order an order of keep may very well be handed by a Division Bench and the way an order be handed when there was no memo of enchantment. “I’ve no different choice however to disregard the order of the mentioned Division Bench because the order has been handed in continuation of the unlawful enchantment void ab initio. I’ve ignored the mentioned unlawful order handed by the mentioned Division Bench for the explanations as has been said above together with the bottom of ‘ particular person’ Hon’ble Justice Soumen Sen… ”

“Thus, Justice Sen is performing clearly for some political occasion on this State and, subsequently, the orders handed within the issues involving State, are required to be relooked if the Hon’ble Supreme Courtroom thinks so,” Justice Gangopadhyay mentioned.

Story continues beneath Commercial

The apex court docket on January 26 took suo moto cognisance over the problem and constituted a five-judge bench to listen to the case.